NORTHERN AREAS COUNCIL ENTERPRISE AGREEMENT NO …€¦ · · 2018-05-02NORTHERN AREAS COUNCIL...

NORTHERN AREAS COUNCIL ENTERPRISE AGREEMENT NO

6 OF 2012

File No. 01423/2013B

This Agreement shall come into force on 3 June 2013 and have a life extending until 1 October 2015.

THE COMMISSION HEREBY APPROVES THIS ENTERPRISE AGREEMENT PURSUANT TO SECTION 79 OF THE FAIR WORK ACT 1994.

DATED 3 JUNE 2013

___________________ COMMISSION MEMBER

NORTHERN AREAS COUNCIL ENTERPRISE AGREEMENT

NO 6 OF 2012

Northern Areas Council Enterprise Agreement Final – 7.1.2013 Page 1

INDEX PAGE NO SECTION 1: AGREEMENT REGULATION AND ADMINISTRATION 1.1 TITLE 1.2 PARTIES BOUND BY AGREEMENT 1.3 COMMENCEMENT AND DURATION 1.4 NEGOTIATION OF NEXT AGREEMENT 1.5 RELATIONSHIP TO AWARD 1.6 NO EXTRA CLAIMS 1.7 NOT TO BE USED AS A PRECEDENT 1.8 DEFINITIONS SECTION 2: AIMS AND OBJECTIVES 2.1 AIMS OF THE AGREEMENT 2.2 OBJECTIVES OF THE AGREEMENT 2.3 CONTINUOUS IMPROVEMENT AND SERVICE STANDARDS 2.4 PERFORMANCE MEASUREMENT AND BENCHMARKING SECTION 3: EMPLOYEE RELATIONS MANAGEMENT 3.1 TRAINING 3.2 OCCUPATIONAL HEALTH AND SAFETY 3.3 DISPUTE/ GRIEVANCE RESOLUTION PROCEDURE 3.4 RISK MANAGEMENT AND IDENTIFICATION 3.5 CONSULTATIVE MECHANISMS 3.6 PERFORMANCE MANAGEMENT 3.7 EMPLOYEE PROTECTION 3.8 REDUNDANCY PROVISIONS SECTION 4: WAGES AND RELATED MATTERS 4.1 WAGE INCREASES 4.2 ABSORPTION OF WORK RELATED ALLOWANCES 4.3 ANNUALISATION OF ANNUAL LEAVE LOADING 4.4 SICKNESS AND ACCIDENT INSURANCE 4.5 SUPERANNUATION 4.6 SALARY SACRIFICE SECTION 5: HOURS OF WORK 5.1 HOURS OF WORK 5.2 RECALLS AND CALLOUTS 5.3 ROSTERED DAYS OFF 5.4 INCLEMENT WEATHER 5.5 SHIFT WORK - PATROL GRADERS 5.6 STARTING ON THE JOB 5.7 ADDITIONAL HOURS TO COMPLETE PARTICULAR JOB OR

TASK ON SAME DAY

SECTION 6: LEAVE 6.1 ANNUAL LEAVE 6.2 SICK LEAVE/PERSONAL LEAVE 6.3 LONG SERVICE LEAVE SECTION 7: SIGNATORIES APPENDIX A: SCHEDULE OF WAGE RATES APPENDIX B: OCCUPATIONAL, HEALTH SAFETY AND WELFARE

OBJECTIVES

APPENDIX C: REDUNDANT POSITIONS


SECTION 1 - AGREEMENT REGULATION AND ADMINISTRATION

1.1 TITLE 1.2 PARTIES BOUND BY AGREEMENT 1.3 COMMENCEMENT AND DURATION 1.4 NEGOTIATION OF NEXT AGREEMENT 1.5 RELATIONSHIP TO AWARD 1.6 NO EXTRA CLAIMS 1.7 NOT TO BE USED AS A PRECEDENT 1.8 DEFINITIONS 1.1 TITLE

This Agreement is known as the Northern Areas Council Enterprise Agreement No. 6 of 2012.

1.2 PARTIES BOUND BY AGREEMENT

This Agreement will be binding on the Northern Areas Council (the Council) and the Australian Workers' Union (AWU South Australian Branch) and (Amalgamated AWU (SA) State Union) in respect to respective employees employed at the Council covered by the Award.

1.3 COMMENCEMENT AND DURATION

This Agreement will commence operation from the date of certification by the South Australian Industrial Relations Commission and shall expire on the 1st of October 2015

1.4 NEGOTIATION OF NEXT AGREEMENT

The parties will commence negotiations on a new Agreement three (3) months prior to expiration of this Agreement.

1.5 RELATIONSHIP TO AWARD

This Agreement shall be read in conjunction with the terms of the Local Government Employees Award provided that, where there is any intended inconsistency between the Award, and this Agreement, the provisions of this Agreement shall prevail to the extent of the inconsistency.

1.6 NO EXTRA CLAIMS

The parties agree that for the life of this Agreement there shall be no further claims or demands whatsoever in relation to this Agreement made by one party against the other.


1.7 NOT TO BE USED AS A PRECEDENT

This Agreement shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other workplace or enterprise.

1.8 DEFINITIONS

"Agreement" means the Northern Areas Council Enterprise Agreement No. 6 of 2012.

"Award" means the Local Government Employees Award.

"AWU" means the Australian Workers Union (AWU South Australian Branch)

and (Amalgamated AWU (SA) State Union).

"Benchmarking" is a process involving continuous improvement the purpose of which is to provide information that can be used to realistically and reliably identify improvements to be made or to monitor progress in making improvements. Benchmarking can assist in identifying the gaps that can help "to do the job better" thereby assisting in increased productivity and outcomes for staff and Council leading to achievement-of continuous improvement

"Callout" refers to an employee who, as part of their ordinary hour’s works

from Monday to Friday, is called out in an emergent (unplanned work) situation and is required to perform work on a Saturday or Sunday or on the Rostered Day Off.

"Committee" means the Enterprise Bargaining and Continuous Improvement

Consultative Committee.

"Consultation" is understood to be a process, which has regard to employees' interests in the formulation of plans, which have a direct impact on them. It provides an opportunity for employees to have their viewpoints heard and taken into account prior to a decision being made. Consultation allows for decisions to be made by Council or Management giving due regard to matters raised by employees.

"Continuous Improvement" means management and employees or groups of

employees measuring and implementing processes to help "do the job better".

"Council" means the Northern Areas Council.

"Employee" means an employee of the Northern Areas Council who performs work covered by this Agreement.

"Employer" means the Northern Areas Council.

"Local Area Workplace Agreement" (LAWA) is a formalised arrangement

with a discrete functional group which shall be underpinned by this umbrella agreement. The LAWA may vary the relevant employment conditions applying to employees employed in such groups.


"Mutual Agreement" as set out in Section 5 means issues discussed and agreement reached between relevant supervisor (s) and employee (s) and such agreement recorded in writing.

"Recall" means when an employee is required to "return to work" outside of

their ordinary work hours, after having already left the workplace for the day, to perform work in an emergent (unplanned work) situation.

"Risk Management" within this Agreement means recognition by all

employees and management of the need for urgent reporting of hazards or dangers that may provide risks to employee or public safety in the Council area.


SECTION 2 - AIMS AND OBJECTIVES 2.1 AIMS OF THE AGREEMENT 2.2 OBJECTIVES OF THE AGREEMENT 2.3 CONTINUOUS IMPROVEMENT AND SERVICE STANDARDS 2.4 PERFORMANCE MEASUREMENT AND BENCHMARKING 2.1 AIMS OF THE AGREEMENT 2.1.1 The aim of this Agreement is to develop and support a flexible workforce and

management structure committed to continuous improvement, aimed at achieving and measuring improved productivity and a sustainable level of job security for employees.

2.1.2 This Agreement recognises past efficiency and productivity of the Council and provides

the necessary mechanisms for change through a participative and consultative process in order that the employer can become more efficient, productive and competitive.

2.1.3 This Agreement provides an environment where employees are given an opportunity to

achieve their full potential and benefit from the success of their efforts. 2.1.4 This Agreement aims to provide a regulated framework whereby all employees are

treated consistently and equitably and seeks to develop a multi-skilled workforce able to face the future with confidence in a more competitive environment.

2.2 OBJECTIVES OF THE AGREEMENT 2.2.1 The economic health of the Council and the well being of all depends on the success of a

shared commitment to prepare for the future and a more competitive environment. 2.2.2 The aim of this Agreement is to develop and support a flexible multi-skilled workforce

committed to the continued improvement and success of the Council and thereupon develop and encourage an "Enterprise Culture" whereby the desire to embrace measures aimed at achieving improved productivity will ultimately lead to the success of the Enterprise and therefore offer to employees a sustainable level of job security.

2.2.3 The aims and objectives of this agreement will be achieved by addressing such matters as:

2.2.3.1 reviewing and increasing flexibility in work arrangements and implementing change (including technological) to improve work processes but not so as to facilitate in a direct reduction of employee numbers;

2.2.3.2 developing a high degree of participation, team work, trust and shared

commitment to the goals and policies of the Northern Areas Council and the achievement of real and sustainable improvements in productivity;

2.2.3.3 adopting of practices to improve standards of Occupational Health Safety and

Welfare;


2.2.3.4 looking at new ways of improving work practices and reduction of wastage and lost time;

2.2.3.5 continuing development and adoption of initiatives designed to enhance

Council's performance; 2.2.3.6 introducing measures to reduce absenteeism; 2.2.3.7 continuously looking at new ways to improve processes and customer

satisfaction; 2.2.3.8 ensuring continued commitment to Equal Employment Opportunity principles; 2.2.3.9 ensuring the Council's continued viability and stability, with all parties striving

at all times to do all that is practical and reasonable during the process of change and to improve and sustain the image of the Northern Areas Council;

2.2.3.10 maintaining and further developing the training and skills improvement

program within the Northern Areas Council for all employees. Such programs will enable employees to increase their level of individual expertise and in turn improve the excellence of the Council;

2.2.3.11 ensuring that any further flexibility arrangements identified during the life of

this agreement can be trialled through consultation and agreement of the parties; ensuring strict adherence to the Award, this Agreement and all Statutory provisions.

2.3 CONTINUOUS IMPROVEMENT AND SERVICE STANDARDS 2.3.1 The parties recognise that flexible work practices and multi-skilling is an integral part of

providing timely, cost efficient services. To that end, employees may be required, from time to time, to undertake a range of tasks within the appropriate classification criteria to ensure that multi level services are provided.

2.3.2 The basic principles underpinning this Enterprise Agreement is a commitment by the

parties to develop a continuous improvement culture which delivers quality, customer responsive services.

2.3.3 A committee comprising members of the Enterprise Bargaining Consultative Committee

and other relevant employees discrete (work teams) will be established to identify appropriate service standards, in consultation with all employees, which provide for the following:

2.3.3.1 focus attention on the customer; 2.3.3.2 promote and improve communication between management, team leaders and

employees; 2.3.3.3 project a professional image of Council; 2.3.3.4 observe Occupational Health Safety & Welfare practices; 2.3.3.5 appropriately operate and maintain plant and equipment; 2.3.3.6 implement appropriate work practices; 2.3.3.7 provide more flexible work practices; 2.3.3.8 set a range of customer responsive service standards; and


2.3.3.9 measurement of continuous improvement achieved throughout the life of the agreement to provide needed information for work teams, management and Council.

2.4 PERFORMANCE MEASUREMENT AND BENCHMARKING 2.4.1 During the life of this Agreement, any benchmarking will be focussed on continuous

improvement or doing the job better. A “benchmarking practices policy” will be developed by the Enterprise Bargaining and Continuous Improvement Consultative Committee shall be as agreed between Management and Work Teams to ensure that any benchmark(s) proposed to be used are realistic and meaningful taking into account various factors affecting the reliable use of these indicators.

2.4.2 The employees and management agree to positively participate in such activities by

contributing information or providing assistance where possible in matters, practices or procedures related to their roles and the services they provide.

2.4.3 The policy shall outline the establishment of the Benchmarking team who will investigate

and develop the parameters of a benchmarking quality system, the identification of suitable, reliable and meaningful performance indicators, the process for capturing and measuring data and other relevant aspects pertaining to the system.

2.4.4 Training and support in all aspects of benchmarking will be provided to staff. 2.4.5 Performance indicators have a key role in benchmarking our services and shall be

developed during the life of this agreement. They are a means of measuring what has been achieved and what may need to be improved, and can be developed in response to clearly articulated business plan objectives and service specifications.

2.4.6 It is recognised that performance indicators are not an end in themselves but are a means

of identifying trends and efficiency against “Continuous Improvement” benchmarks. 2.4.7 Performance Indicators shall include but not be limited to those defined below;

2.4.7.1 Customer service and satisfaction; 2.4.7.2 Work practices; 2.4.7.3 Work productivity; 2.4.7.4 Financial performance; and 2.4.7.5 Occupational Health Safety and Welfare.

2.4.8 Management shall lead a management review periodically to ensure the continued

suitability and effectiveness of the system. Where indicators and standards need to be amended, this shall be done in consultation between all members of the Benchmarking Team and relevant workforce. The parties acknowledge that in any benchmarking process those employees performing the actual work are in the best position to recognise opportunities for improvement in work practices. The workforce therefore commit to an active involvement of all employees in seeking to maximise improvements through continuously addressing all aspects of the work they carry out.


SECTION 3 - EMPLOYEE RELATIONS MANAGEMENT

3.1 TRAINING 3.2 OCCUPATIONAL HEALTH AND SAFETY 3.3 DISPUTE/ GRIEVANCE RESOLUTION PROCEDURE 3.4 RISK MANAGEMENT AND IDENTIFICATION 3.5 CONSULTATIVE MECHANISMS 3.6 PERFORMANCE MANAGEMENT 3.7 EMPLOYEE PROTECTION 3.8 REDUNDANCY PROVISIONS 3.1 TRAINING 3.1.1 The parties are committed to continual training and development of staff to

recognise prior learning and to promote multi-skilling and increase productivity and efficiency. Over the period of this Agreement structured training programs will be provided to develop a broader range of operational skills for all employees.

3.1.2 It is recognised that in some instances training will require travelling time and/or

attendances at training modules outside of the ordinary span of hours. 3.1.3 As a means of providing greater flexibility in the provision of training and

development opportunities, training of up to eight (8) hours per annum on a non-cumulative basis may be conducted by the Council outside of normal spread of hours, and paid at ordinary time. Such training shall occur at a time mutually agreeable to the majority of participants.

3.2 OCCUPATIONAL HEALTH SAFETY AND WELFARE 3.2.1 OHS&W Objectives

The parties recognise that problems relating to safety and other hazardous situations may arise from time to time in the workplace, and that these issues should be dealt with in accordance with the relevant Occupational Health and Safety legislation and Council's Occupational Health Safety and Welfare Objectives as set out in Appendix ‘B’.

3.2.2 Training in safe work practices

To ensure-service delivery requirements are met all employees will perform a range of tasks and functions. 3.2.2.1 The Council will provide employees with the necessary training to ensure staff

can perform the tasks / functions in a competent and safe manner 3.2.2.2 Employees will participate in training activities provided under Clause 3.1

above.


3.2.2.3 Any employee who is required to perform duties above their classification level will, to the satisfaction of Management demonstrate their ability to perform the work competently and in a safe manner before performing the duties required.

3.2.3 The parties recognise the Award provisions regarding protective clothing and equipment

together with the importance of utilising safe work practices. The employer shall provide protective clothing as provided for in the Award, and all employees shall observe their requirement to wear relevant protective clothing or uniforms and maintain safe working practices in accordance with Council’s OHS&W policies and procedures.

3.3 DISPUTE/GRIEVANCE RESOLUTION PROCEDURE 3.3.1: Work Practices and Procedures

3.3.1.1 Where a grievance or dispute arises in relation to work practices and procedures, the Dispute Resolution Procedure as set out in the Award will be invoked.

3.3.1.2 Without prejudice to any party, the status quo existing immediately prior to the

emergence of the dispute will continue whilst the dispute resolution procedures are being followed. For this purpose, 'status quo', means the work procedures and practices in place immediately prior to commencement of the dispute will remain in place.

3.3.2: Disputes arising from this Agreement Any disputes arising from this Agreement shall be dealt with through the following steps:

3.3.2.1 Either party shall raise the matter with the Enterprise Bargaining and Continuous Improvement Committee, which will examine the matter and provide a report and recommendation to the Council.

3.3.2.2 The Council, through the Chief Executive Officer, and the Australian Workers

Union shall attempt to resolve the matter by discussion and negotiation. If this does not succeed, then the matter may be referred to the Industrial Relations Commission of South Australia for it to exercise its conciliation powers; and

3.3.2.3 If conciliation does not resolve the matter then the parties will place it before

the Commission for arbitration 3.4 RISK MANAGEMENT AND IDENTIFICATION 3.4.1 The parties recognise that Risk Management is of critical importance in achieving many

of the principles of 2.3 Continuous Improvement and service standards, in achieving a much safer work place and environment for the customers of the Northern Areas Council.


3.4.2 All employees of Council will report via radio to their Supervisor/or timesheet/ or Risk Hazard Notification form upon noticing a potential hazard in the area. This will assist management in determining priorities and correcting urgent unsafe conditions within Construction and Maintenance programs.

3.4.3 Risk Management areas (but not limited to) are: Roads black spots, lack of appropriate

advance danger fixed signs, old and worn-out directional and warning signs, poor or dangerous footpath conditions, broken shoulders/potholes in sealed/unsealed roads, obstructed footpaths, unsafe conditions with playgrounds, ovals, parks and reserves etc.

3.5 CONSULTATIVE MECHANISMS 3.5.1 The effective operation of this Agreement is dependent on the continuation of the

established consultative structures within the workplace. The principle consultative structure is the Enterprise Bargaining and Continuous Improvement Unit.

The Enterprise Bargaining and Continuous Improvement Consultative Committee shall

consist of:

3.5.1.1 Three (3) employer representatives nominated by the employer. 3.5.1.2 Three (3) employee representatives elected by employees employed by the

Northern Areas Council. 3.5.1.3 The Chief Executive Officer shall perform the role of Chair presiding over the

negotiation process however will not have voting rights. 3.5.1.4 The State Secretary of the AWU (or their nominee), who may attend meetings

from time to time, however will not have voting rights. 3.5.1.5 The employer may invite a representative of the Local Government

Association to attend meetings in an advisory capacity from time to time, however will not have voting rights.

3.5.1.6 The Enterprise Bargaining and Continuous Improvement Consultative

Committee will agree on meeting dates and times as needed but will strive for regular quarterly meetings.

3.5.2 The role of the Enterprise Bargaining and Continuous Improvement Consultative

Committee shall be:

3.5.2.1 To reach decisions by consensus. All decisions will operate as recommendations to be referred to Council.

3.5.2.2 To hear and acknowledge reports and ideas generated by employee and

employer representatives on a range of issues particularly concerning continuous improvement.

3.5.2.3 To recognise that peak workloads generated through Commonwealth and State

Government funding programs such as arterial road development, flood mitigation works are an opportunity for further temporary/seasonal employment in the community.


3.5.2.4 In relation to Clause 3.5.2.3, management through the Enterprise Bargaining and Continuous Improvement Consultative Committee will investigate options for maximising grant funding benefits to those employees other than Government Grant funded project employees. This specifically may be achieved by multi-skilling opportunities.

3.5.2.5 To provide a forum for information flow between the employer and

employees. 3.5.2.6 To consult (refer definition) on proposed changes. 3.5.2.6 To investigate any dispute arising from this Agreement and provide a report

and recommendation to Council. 3.6 PERFORMANCE MANAGEMENT 3.6.1 The parties are committed to the creation of a positive work environment and

development of communication and feedback system, which effectively and equitably recognises high level performance and addresses areas where performance or continuous improvement is required.

3.6.2 An integrated performance appraisal system linked to appropriate job descriptions will be

developed and reviewed in consultation with employees. This system will provide opportunities for employees to gain feedback about their performance on a regular basis and provide a mechanism for dealing with performance related issues.

3.6.3 Monitoring and review of employee performance will be shared responsibility between

employee, team leaders and the Works Manager. 3.6.4 A review of the performance of all employees will be undertaken at least on an annual

basis. (The reviews can be conducted in a formal or informal (lunchbox talk review) so that the atmosphere achieves where possible a positive forum for discussion between the employee (s) and Works Manager.

3.6.5 Where appropriate, the employer will consult with the Union regarding areas of concern

relating to employee performance matters and the Enterprise Bargaining Consultative Committee shall develop appropriate appeal mechanism that are fair and just for both employees and management.

3.6.6 Should disagreement exist between an employee or management on work performance

through the appraisal process all effort shall be made by both parties to clearly identify actual areas of relevant performance matters.

3.7 EMPLOYEE PROTECTION

This Agreement shall not operate so as to cause any employee to suffer a reduction in remuneration and benefits provided by the employer applicable at the time of signing of the Agreement or in National Standards such as standard hours of work, annual leave or long service leave.

3.8 REDUNDANCY PROVISIONS

The treatment of redundant positions during the life of the Agreement will be in accordance with those provisions as set out in Appendix “C”.


SECTION 4 - WAGES AND RELATED MATTERS 4.1 WAGE INCREASES 4.2 ABSORPTION OF WORK RELATED ALLOWANCES 4.3 ANNUALISATION OF ANNUAL LEAVE LOADING 4.4 SICKNESS AND ACCIDENT INSURANCE 4.5 SUPERANNUATION 4.6 SALARY SACRIFICE 4.1 WAGE INCREASES Upon signing of this Enterprise Agreement with regard to maintaining workplace changes and objectives of this Agreement the Employee shall 4.1.1 receive a wage increase of 0.6% of current Enterprise Bargaining Agreement rates, being

applied to each designated classification, backdated to 1st October 2012. 4.1.2 receive a wage increase of 3.5% , being applied to each designated classification, on the

1st October 2013. 4.1.3 receive a wage increase of 3.5% , being applied to each designated classification, on the

1st October 2014. The schedule of Wage Rates is appended as Appendix A 4.2 ABSORPTION OF WORK RELATED ALLOWANCES 4.2.1 The following allowances provided for under Schedule 4 of the Award have been

Annualised in the new rates of pay negotiated through the first Agreement, and maintained in this agreement:

4.2.1.1 Burning Off Grass. 4.2.1.2 Cleaning Public Lavatories. 4.2.1.3 Handling Money on behalf of Employer. 4.2.1.4 Removal of Dead Animals. 4.2.1.5 Confined Spaces. 4.2.1.6 Portable Wood chipping Machine. 4.2.1.7 Toxic Substances 4.2.1.8 Fertiliser Spreading. 4.2.1.9 Height Allowance. 4.2.1.10 Wet Work. 4.2.1.11 Driving and Towing Allowances. 4.2.1.12 Garbage Pickup Allowance

4.2.2 The following reimbursements and allowances will remain unaltered and unaffected by

this Agreement.

4.2.2.1 First Aid Allowance 4.2.2.2 Tool Allowance 4.2.2.3 Plumbing Trade Allowance


4.2.2.4 Meal Allowance 4.2.2.5 Motor Vehicle Allowance 4.2.2.6 Disability Allowance

4.3 ANNUALISATION OF ANNUAL LEAVE LOADING

To improve administrative efficiencies, annual leave loading shall be paid to all employees on the first payday of December. An employee who has not accrued a full twelve-month entitlement shall be paid pro-rata leave loading.

4.4 SICKNESS AND ACCIDENT INSURANCE

In addition to the wage increases set out herein, the employer will provide an adequate Sickness and Accident Insurance cover to all employees covered by this Agreement.

4.5 SUPERANNUATION

The employer must pay superannuation contributions in respect of each employee into the Local Government Super. For the purpose of this clause: “Local Government Super” means the superannuation scheme established in 1984

under the Local Government Act 1934 (as amended) and as a result of the Local Government (Superannuation Scheme) Amendment Act 2008, from 1 January 2009 governed substantially by a stand-alone trust deed between the Local Government Superannuation Board (former Trustee) and Local Super Pty Ltd (new Trustee).

“Superannuation Contributions” means: 4.5.1 contributions which the employer is required to pay under the terms of the

rules governing the Local Government Superannuation Scheme; 4.5.2 contributions which the employer must pay to a superannuation fund in respect

of the employee in order to avoid the imposition of a superannuation guarantee charge under the Superannuation Guarantee (Administration) Act 1992;

4.5.3 Council will pay to the Superannuation Scheme an amount (in respect to each

employee) no less than the amount specified in the Superannuation Guarantee Act;

4.6 SALARY SACRIFICE 4.6.1 Subject to the following conditions, an employee may apply to the Council to salary

sacrifice any part of his/her salary (including Award or Enterprise Agreement based salary/wages) to make additional contributions to the Local Government Superannuation Scheme.

4.6.2 As salary sacrifice is a complex matter, it is the employee’s responsibility to seek advice

and fully understand all implications of salary sacrifice before seeking to enter into this arrangement.


4.6.3 The employee’s substantive gross salary for all purposes, including but not limited to superannuation, annual leave, annual leave loading and long service leave, shall be the pre-sacrificing salary.

4.6.4 Any such arrangement shall be by mutual agreement between each individual employee

and Council, provided that approval by the Council shall not be unreasonably withheld. 4.6.5 The application shall be in writing on the form provided by the payroll section and shall

detail the percentage of salary to be salary sacrificed together with a statement that the “cash” component is adequate for his/her ongoing living expenses. The remaining “cash” component cannot be lower than any minimum salary amount, which the Council may otherwise be required to satisfy in respect of the employee.

4.6.6 Each employee may only review and alter the percentage of salary to be salary sacrificed

once in any one twelve month period before the 1 July. The arrangements may only apply to future salary arrangements and cannot operate retrospectively.

4.6.7 The individual arrangement to salary sacrifice may be rescinded by the employee

provided 3 months prior notice in writing is given to payroll. 4.6.8 The employee shall bear responsibility and costs associated with taxation and any other

matters in respect of the salary sacrifice arrangements. This means that contributions made to the Local Government Superannuation Scheme will be adjusted (at employee’s cost) to take account of taxation payable in relation to those contributions.

4.6.9 Salary sacrifice contributions will be treated as employer contributions and may be

subject to the superannuation surcharge and are likely to be preserved.


SECTION 5 - HOURS OF WORK

5.1 HOURS OF WORK 5.2 RECALLS AND CALLOUTS 5.3 ROSTERED DAYS OFF 5.4 INCLEMENT WEATHER 5.5 SHIFT WORK - PATROL GRADERS 5.6 STARTING ON THE JOB 5.1 HOURS OF WORK 5.1.1 Span of Hours The span of ordinary hours shall be 6.00 am to 7.00 pm. The span of ordinary hours for

each employee within the spread of hours will be determined through consultation and consent between the employer and employees concerned. For the purposes of this agreement, a normal working 9-day fortnight is 76 hours.

5.1.2 Flexible Working Hours When employees are required to work in excess of their normal hours (ie. 8.44 hours) per

day and the time off in lieu (TOIL) provision is to be invoked, this extension is to be done by mutual agreement between the employer and any individual employee or, where relevant, all members of a discrete work team.

5.1.2.1 This agreement allows for up to 100 hours to be worked over a two-week

cycle, i.e. 24 additional hours accrued at ordinary rates of pay. The maximum number of hours that may be worked per day, Monday to Friday at ordinary rates is 10 hours. The 24 additional hours shall be banked to be taken as TOIL at a mutually convenient time, to be agreed to between the employer and the employee (dependent on the level of special Grant Funded projects that are available to the Council). Any work undertaken in excess of these arrangements, ie. more than 10 hours per day or more than 100 hours per fortnight will be paid at the appropriate penalty rate.

5.1.2.2 The TOIL Bank must not exceed 100 hours at any one time. Every endeavour

shall be made by both management and the employees to clear the TOIL bank by 30th June annually. On this date, any time uncleared in the individual's "bank" will be paid out at ordinary time or taken as TOIL at a mutually agreed later date.

5.1.2.3 Where specific Grant Funded projects are of a long duration or in the second

half of each financial year management taking into account budgetary considerations of Council may direct that the TOIL Bank not be used for time accrual purposes as it would be unlikely that the employee TOIL Bank would be cleared by the 30th June in each year.


5.1.2.4 Where an employee may not have sufficient hours accrued in their TOIL Bank, and by mutual agreement takes time off due to inclement weather or the like, the employee may go into an hour’s debit, however by no more than 38 hours. Where an employee fails to make up time or accumulate sufficient hours to cover an hour’s debit, management has the right to recover the shortfall, in consultation with the employee.

5.1.2.5 Where an employee has exhausted their TOIL Bank and has used TOIL time in

advance (ie. is in "hour’s debit") any overtime hours worked shall be credited against the TOIL hour's debit in the first instance until such time as the TOIL Bank debit is cleared.

5.1.2.6 The circumstances under which longer hours attracting the time off in lieu

provision or additional payment may be stipulated before the commencement of the work. This may include such things as major projects or continuation of work after normal hours to finish a particular project and or seasonal work. All arrangements to work longer hours must be mutually agreed upon between the employer and the employees.

5.1.3 Weekend work (this clause does not apply to community disaster/emergent occasions

such as flooding, fire etc)

5.1.3.1 Where work is to be carried out on a Saturday and is still within the 100 hours provision, employees will be paid at ordinary rates or bank the time as TOIL as set out above in Clause 5.1.2(a).

5.1.3.2 or where relevant, members of a discrete work group 5.1.3.3 When patrol grading is likely to be required on a Sunday or Public Holiday

due to seasonal conditions, wherever possible employees will be advised by their Supervisor (verbal, radio, phone etc) by 12 noon on the day prior to their requirement to work.

5.1.3.4 Where such notification is after 12 noon on the day prior to their requirement

to work, such work shall be by mutual agreement between the supervisor and employee (s) and the Award penalties shall apply.

5.1.4 Public Holidays

5.1.4.1 Where it is necessary for an employee to work on a public holiday, the day may be treated as a normal working day and paid at the ordinary rate of pay. The employee may then nominate an alternative day to be taken in lieu of the gazetted public holiday. If the employee is required to work on the alternative nominated day, it will be paid at the appropriate public holiday penalty rates.

5.1.4.2 Any such arrangement is to be agreed between the employee and the Works

Manager prior to the public holiday. 5.1.5 If mutual agreement cannot be met for any of the above clauses a special meeting of the

Enterprise Bargaining Consultative Committee shall be arranged within one (1) working day to resolve the matter. If agreement is not reached with the Enterprise Bargaining Consultative Committee, the dispute resolution procedures herein will be invoked.


5.2 RECALLS AND CALLOUTS (for emergent situations refer definitions) 5.2.1 All recalls (as defined) to work Monday to Friday after leaving the depot and having

completed work for the day and weekend callouts (as defined), including travelling time to and from the job, will be paid at double the rate of ordinary time.

5.2.2 All weekend callouts shall attract a minimum payment of two hours. 5.3 ROSTERED DAYS OFF This agreement allows for the flexibility of taking the Rostered Day Off at a time to be negotiated between the employer, the individual employee, and where relevant, all members of a discrete work group, which meets the needs of the business operations. 5.3.1 The RDO bank is different from the TOIL bank of time. 5.3.2 An employee may "bank" up to a maximum of five (5) rostered days off, to be taken later

at a convenient time, and/or in conjunction with annual leave, by mutual agreement between the employer and employee.

5.3.3 Where an employee agrees to work on the RDO and then is required to work in excess of

their normal hours during that RDO, any additional hours worked shall be banked as TOIL as provided for in Clause 5.1.2.

5.3.4 The RDO bank should be cleared by the 30th June annually or at a time mutually agreed

in writing between the employer and employee if the employee is to take time off after 30 June.

5.3.5 This agreement recognises that flexibility with the taking/and or payment of RDO’s will

vary dependant on special grant funded project work as negotiated between the employer and employee (s).

5.4 INCLEMENT WEATHER 5.4.1 In times of inclement weather and by mutual agreement between the employees and

management, the rosters may be altered to allow time to be taken off. Time off will be supplemented from hours drawn from the TOIL bank, taking total weekly pay based on the maximum standard hours of thirty eight (38) hours per week.

5.4.2 The employer will endeavour to provide at least twenty four (24) hours’ notice of a

requirement not to report for work. Where this is not possible, and/or an employee reports for work but is not required, a minimum payment of one hour at ordinary rate will be paid.

5.5 SHIFT WORK - PATROL GRADERS 5.5.1 This clause shall apply to Patrol Grading Operators employed on or after the 1st October

2012, or any existing employee (whether or not they are, as at the 1st October 2012, employed as a patrol grader operator) who choose in writing to work pursuant to this clause.


5.5.2 Employees substantively employed prior to the 1st October 2012 as a patrol grader operator and who choose in writing not to work pursuant to this clause, are entitled to remain in their substantive position and shall work in accordance with the terms of the enterprise agreement as if this clause did not exist.

5.5.3 The employer may require its patrol grading service to be maximised between the months

of late April to early October of each year and require its employees to work any one of the following rosters or combination thereof.

A shift roster of a maximum 10.5 hours per day, for seven (7) consecutive days

, to be followed by the employee having seven (7) consecutive days off from work within their fortnightly pay period , or;

Any combination of days worked and rostered days off over fourteen (14)

consecutive days, provided that not less than 73.5 hours per fortnight of patrol grading work is performed per employee. No employee shall work more than 10.5 hours on any one day, and;

The working of the shift roster shall be instituted after consultation between the

Council and the relevant employees. All shift rosters shall be subject to the approval of the supervisor. In the event of there being no agreement as to the appropriate roster to be implemented, either party may refer the matter to conciliation/ arbitration, as per the provisions of the Dispute/ Grievance resolution procedure contained in clause 3.3.2 of the agreement.

Where possible the Council shall give the employees one week’s notice prior to

activating the shift work and one week’s notice prior to the completion of a shift. Once the shift work patrol grading has been activated the fortnightly cycle must be completed.

The working of the additional hours as per 5.5.1 is subject to the rules of the

Road Traffic Act and Occupational Health and Safety regulations.

The shifts can commence between 6.00 a.m. and 6.30 am and conclude between 5.00 pm and 6.00 p.m. to achieve the required number of hours to be worked each day. Both the commencement and conclusion of the shift can be at the worksite or work depot, at the discretion of the supervisor, subject to the provisions of clause 5.6 of the agreement.

The classification of an employee performing patrol grading work shall be level

seven (7) of the wages schedule of this agreement.

Any Saturday or Sunday is included as a normal working day and paid as such. Employees will not be required to work on a public holiday; however should they do so, they shall take the next working day off with pay. Employees working on a public holiday can do so only with the approval of the Council and will be paid at the appropriate award rate of pay.


The Council will pay each employee a minimum of seventy six (76) hours ordinary pay per fortnight regardless of whether the employee’s fortnightly roster provides for less than seventy six (76) hours of work.

An employee’s sick leave whilst on one of the above rosters in 5.5.1 shall be

paid and deducted from accrued sick leave at the rate of one (1) day being equivalent to the hours of work the employee was rostered to perform on the day he/ she is sick, whilst shift work is being worked. Employees are to notify their supervisor as soon as possible if they are unable to attend their shift owing to illness or injury.

Annual Leave whilst the employee is working shift work shall accrue or be

deducted on the basis of the number of hours per day the employee is rostered to work.

The employee shall be permitted one paid fifteen (15) minute break per shift

and a thirty (30) minute unpaid meal break per shift provided that the employee shall not work more than 5 hours without taking one of the said breaks.

5.5.4 Wherever there is an inconsistency with any other provision of the award or the

Enterprise Agreement, clause (5.5) shall prevail to the extent of any inconsistency. 5.5.5 In the event of any dispute in relation to the interpretation or application of this clause the

matter shall be dealt with in accordance with the Dispute/ Grievance Resolution Procedure of the Agreement.

5.6 STARTING ON THE JOB 5.6.1 Where agreed, employees will start and finish on the job. Where possible, employees may

have access to transport in a Council vehicle to minimise the effect of additional travel time incurred.

5.6.2 The dates and times of on the job commencement are to be recorded by all relevant staff for the purpose of measurement of productivity achievements.

5.7 ADDITIONAL HOURS TO COMPLETE A PARTICULAR JOB OR TASK ON

SAME DAY 5.7.1 The Council may, by mutual agreement, require employees to work additional hours in

excess of their normal daily hours, to ensure that a particular task or job is completed within the same day. Employees may be required to work up to a maximum of an additional two (2) hours on a work day and be paid for the time worked at ordinary rates. Where the work required to be performed exceeds the additional two (2) hours, all work in excess of the two (2) hours shall be paid at double time and worked only with the express approval of the supervisor.

5.7.2 Any additional hours required to be worked is subject to the Road Traffic Act and the

Occupational Health and Safety Regulations.

SECTION 6 - LEAVE 6.1 ANNUAL LEAVE 6.2 SICK LEAVE/PERSONAL LEAVE 6.3 LONG SERVICE LEAVE 6.1 ANNUAL LEAVE 6.1.1 Employees are entitled to one hundred and fifty two (152) hours annual leave after twelve

(12) months of service. 6.1.2 Leave must be taken within twelve (12) months of the leave falling due at a mutually

agreed time and during non seasonal periods. Leave may be taken "back-to-back" so that an employee is able to be absent at any one time on annual leave up to a maximum of eight (8) weeks.

6.1.3 If Annual Leave is not taken within twelve (12) months of it falling due, the Works

Manager will, in consultation with the employee, set the dates when the Annual Leave is to be taken.

6.1.4 Variations to the above arrangement will be considered only in special circumstances

upon application to the Works Manager. 6.2 SICK LEAVE/PERSONAL LEAVE The parties agree that employees will continue to utilise their rostered days off or TOIL time to cover urgent domestic or personal needs. Where this is not possible or appropriate, an employee may access their sick leave entitlement, subject to the following provisions: 6.2.1 There shall be no change to the sick leave entitlement for full-time Employees seventy six

(76) hours per annum, nor any change to the accrual of unused sick leave from year to year.

6.2.2 An employee may be permitted up to seventy six (76) hours per annum from the

employee's sick leave entitlement for urgent family or personal need. 6.2.3 Whenever possible leave under (6.2.2) hereof shall be sought and approved prior to the

actual taking of leave. Where the family or personal leave coincides with a weekend or (in particular) a long weekend the employer may require some proof regarding the circumstances necessitating the absence.

6.3 LONG SERVICE LEAVE 6.3.1 Where an employee’s contracted weekly hours or classification are reduced, then Long

Service Leave accrued from their commencement date shall be calculated and preserved.



6.3.2 Pro-rata Long Service Leave may be accessed by the Employee, by agreement between the Employer and the Employee after two years of continuous service, in the case of hardship such as prolonged periods of sickness by the Employee or a member of their family that required the Employee to be absent from work. When the Employee ceases employment with the Council, and Long Service Leave accessed as detailed above monies equivalent to the rate of accessed leave at the time the leave was accessed will be deducted from the payments due to the Employee if that employment ceases after a period of less than seven years.


SECTION 7 - SIGNATORIES Signed for and on behalf of the Northern Areas Council ____________________ ____________________ ROGER CROWLEY WITNESS Chief Executive Officer On this day 2013 Signed for and on behalf of the Australian Workers Union, (South Australian Branch) ____________________ ____________________ WAYNE HANSON WITNESS Secretary On this day 2013


APPENDIX A - SCHEDULE OF WAGE RATES

Municipal Employee

Rate Of Pay As

Of 1/7/2012

0.6% Being Applied As

At 1/10/2012


At 1/10/2013


At 1/10/2014

EBA +

Disability $ 27.30 As At 1/10/2012

Grade 4 1st Year 858.52 863.67 893.90 925.19 890.97 2nd Year 868.97 874.18 904.78 936.45 901.48 3rd Year 879.30 884.58 915.54 947.58 911.88 Grade 5 1st Year 880.39 885.67 916.67 948.75 912.97 2nd Year 890.84 896.19 927.55 960.02 923.49 3rd Year 901.17 906.58 938.31 971.15 933.88 Grade 6 1st Year 896.91 902.29 933.87 966.56 929.59 2nd Year 907.36 912.80 944.75 977.82 940.10 3rd Year 917.69 923.20 955.51 988.95 950.50 Grade 7 1st Year 913.32 918.8 950.96 984.24 946.10 2nd Year 923.76 929.30 961.83 995.49 956.60 3rd Year 934.09 939.69 972.58 1006.62 966.99 Grade 8 1st Year 928.38 933.95 966.64 1000.47 961.25 2nd Year 938.83 944.46 977.52 1011.73 971.76 3rd Year 949.16 954.85 988.27 1022.86 982.15

The above rates are inclusive of all allowances as per clause 4.2.


APPENDIX B - OCCUPATIONAL HEALTH SAFETY & WELFARE Occupational Health Safety & Welfare Objectives To achieve our Objective

• The Council and employees will develop and implement Occupational Health Safety and Welfare plans

• The Occupation Health Safety & Welfare Committee will continue to assist the Council in coordinating OHS&W planning for the whole organisation and monitor performance.

• Performance appraisal will include assessment of OHS&W, plans, actions, audits and results.

This will involve • Ensuring that all staff work safely and are aware of Council's Occupational Health Safety

& Welfare Policies, Safe Operating Procedures and their own personal responsibility for safety.

• Line management of Occupational Health Safety & Welfare. • Line management of the rehabilitation process. • Ensuring that our workplace is free from hazards • Encouraging a safe working environment via a culture, which promotes open discussion on

Occupational Health Safety and Welfare issues and concerns. • All parties to this agreement are committed to the principle of continuous improvement in

Occupational Health, Safety and Welfare policies and programs. • Ensuring that all Councils Occupational Health Safety and Welfare policies, Safe

Operating Procedures are readily available at all Council depots


APPENDIX C - REDUNDANT POSITIONS

1 GENERAL PRINCIPLES 1.1 There will be no forced redundancies until all options through natural attrition have been

exhausted. 1.2 Should redundancy become necessary, every effort will be made by Council to use,

natural attrition, voluntary redundancy and redeployment to accommodate staff in situations where organisation changes result in positions being no longer required.

1.3 Positions to be filled within the Council shall be filled by existing employees of the

Council (including those on fixed term contracts) where those employees have the appropriate level of skills and experience to meet the requirements of the position.

1.4 All employees on compensation, rehabilitation, light or alternative duties will not be

disadvantaged in any consideration of filling of positions. 2 RESPONSIBILITY 2.1 All managers are responsible for the effective implementation and administration of these

provisions. 2.2 The employee is responsible for considering all the options available to them and in

selecting the option of redeployment taking any reasonable redeployment options and locations.

3 REDUNDANT POSITIONS Where a decision has been made that a specific position is redundant the following arrangements will apply: 3.1 Redundancy

3.1.1 Incumbent employee may request to be redeployed (and will be subject to 3.2 below)

3.1.2 Council may seek separation package applications from other employees

within the functional area where the redundancy is effected to reduce the number of employees performing that function.

3.2 Redeployment

3.2.1 The redeployment position offered will be within a remuneration level no less than one award level below that substantive position received by the employee.


3.2.2 Employees who accept redeployment to a position below that of the

substantive level will suffer no loss in remuneration, however their salary will be frozen until such time as:

3.2.2.1 They are promoted in a higher level position 3.2.2.2 The agreement salary for that position exceeds that of their frozen

salary.

3.2.3 After 2 (two) years, an employee who has been redeployed will have their level deemed to be at the lower level, if neither of points one 3.2.2.1 or two 3.2.2.2 above have been attained.

3.2.4 Where an employee accepts redeployment to a lower classified position, the years of service in respect to Annual Leave and Long Service Leave are to be recognised at their appropriate rate.

3.2.5 Within a period of six (6) months the redeployed employee can take the option

of a separation package as calculated in 3.3 below. 3.3 Separation Package 3.3.1 Where a position is identified as being redundant and the employee has been unable to

undertake a successful redeployment program, the employees services will be terminated and receive a Separation Package, as outlined herein:

3.3.1.1 eight (8) week’s notice or payment in lieu of the notice period. 3.3.1.2 a redundancy payment at a rate of three (3) weeks remuneration per year of

continuous Service in Local Government in South Australia, which including the payment

under 1. herein, shall represent a maximum payment of 104 weeks 3.3.1.3 a reimbursement of up to 10% of annual salary for outplacement counselling

and services to assist the employee to find alternative employment. This payment will be made available on a reimbursement of costs incurred basis, for a maximum period of 3 months from the date of separation or until the employee obtains alternative employment, whichever is the sooner.

3.3.2 The payments outlined in (1) and (2) above will be made upon the employee leaving the

employ of Council. 3.3.3 Employees in receipt of a separation package are unable to seek re-deployment with

Council for a period of 3 years. 4 RETRAINING PROGRAM – REDEPLOYEES 4.1 A written personal retraining program shall be developed for employees who have

accepted redeployment, by the relevant Manager in liaison with the Chief Executive Officer. The program shall be appropriate to the redeployed position and agreed between the employee, the relevant Manager and the Chief Executive Officer.


4.2 The Council shall meet all training costs under the personal retraining program. 4.3 A personal training program may include but is not limited to, all or any of the following:

Study leave in accordance with Council policy

4.3.1 Structured on-the-job training; 4.3.2 Supervised special project work; and 4.3.3 Enrolment in courses provided by recognised training bodies

4.4 A personal retraining program shall be reviewed monthly by the relevant Manager, and

the employee to ensure effectiveness of the program. 4.5 The employee and management Manager and Employee Relations Officer have a

responsibility to ensure the successful implementation and outcomes of personal retraining programs.

5 TEMPORARY PLACEMENT 5.1 Where an approved position is not readily available, a redeployed employee may be

seconded or temporarily transferred to another job with the Council or an agreed external secondment. This could include assisting with short term placements to meet customer service needs. Placement of this nature should be seen as an opportunity to enhance future work prospects and may require additional training.

5.2 Where possible, temporary placements should be of a reasonable duration and be

consistent with the retraining program. 5.3 Managers will monitor all temporary placement arrangements to ensure that the

employee’s needs and the Council’s needs are met.

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